M.S. Middle High School vs. HDFC ERGO General Insurance Co. - The Supreme Court and various High Courts have consistently held that breach of policy conditions absolves the insurer of liability, affirming that liability cannot be fastened on the insurer once such breach occurs M. S. Middle High School VS HDFC Ergo General Insurance Co. Ltd. - Supreme Court, Oriental Insurance Company Ltd. VS Putul Rani Das, W/O- Late Ranjan Das - Tripura, Policy Serving Office, Bajaj Allianz General Insurance Co. Ltd. VS Sarbatiya Devi, wife of Late Bhairav Lal Mahato - Jharkhand, M.S. MIDDLE HIGH SCHOOL vs HDFC ERGO GENERAL INSURANCE CO. LTD. - Supreme Court.
Legal Precedents and Judicial Consistency - The case references decisions like National Insurance Company Limited v. Swaran Singh and other Supreme Court rulings, which emphasize that breach of policy conditions is a valid ground for denying claims. The courts have disapproved earlier contrary views that held insurers liable despite breaches Oriental Insurance Company Ltd. VS Putul Rani Das, W/O- Late Ranjan Das - Tripura, Pareed Pillai, S/O. Abdulkhader VS Oriental Insurance Co. Ltd. - Kerala.
Court Rulings and Findings - The courts have not found any law to suggest that breach of policy conditions does not affect liability. They have upheld the principle that liability is contingent upon compliance with policy terms, and breach results in denial of claims Narasimulu Nandini Memorial Education Trust, Situated at No. 1-7-7 Near Goal Market, Station Area Raichur-584101 Owner of Bus No. KA-36/A-1164 Represented by Mahalinga. B Managing Trustee VS Banu Begum W/o Late Mohammed Husen - Karnataka, Oriental Insurance Co. Ltd. VS Netram - Rajasthan.
Implications for Insurance Claims - The consistent judicial stance indicates that insurers are not liable if the insured breaches policy conditions, and this principle is reinforced across multiple judgments and judicial reviews Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi - Madras, M/S. NATIONAL INSURANCE CO vs THRU ILLAYARAJA - Madras.
Analysis and Conclusion:
The case of M.S. Middle High School vs. HDFC ERGO underscores a clear legal principle: breach of policy conditions by the insured leads to denial of liability for the insurer. Courts, including the Supreme Court, have upheld this stance, emphasizing adherence to policy terms as fundamental to insurance liability. This consistent judicial approach aims to reinforce contractual discipline in insurance agreements.
Liability of Insurer Fact of the Case: The court found no ground to interfere with the impugned order, affirming the High ... Finding of the Court: The High Court's decision was upheld, and the contrary view in a previous case was disapproved ... The High court rightly held that once there is breach of condition of policy, the liability cannot be fastened on the insurer. The High Court had relied upon decisions of this Court in National Insurance Company Limited v.
The learned counsel for the appellant-Insurance Company has placed a decision of the Apex Court in MS Middle High School Vs. ... HDFC ERGO General Insurance Co. ltd. in case number Special leave to appeal (C) No(s).31406/2017) dated 22.11.2017 wherein the Apex Court has held that “the High Court rightly held that once there is breach of condition of policy the liability cannot be fastened on the insurer” ... p id="28000023570023
Moreover, in M.S.Middle High School, Court do not find any law being laid down. ... Findings of the Court: Supreme Court in M.S.Middle High School was also considered by coordinate bench in ... The decision of the Supreme Court in M.S.Middle High School was also considered by the coordinate bench in the case of Yasmin Begum. Moreover, in M.S.Middle High School, we do not find an....
Middle High School v/s HDFC Ergo General Insurance Co. Ltd. & Ors. reported in I (2019) ACC 757 (SC), 2. M.V. Jayadevappa and another v. Oriental Fire & Genl. Ins. Co. Ltd. And others reported in 2005 ACJ 1801 and 3. New India Assurance Co. Ltd. ... Sheela CMA (MD) No. 216/2011 and connected matters decided on 22.03.2017, the Madras High Court held as under:- "(i) In National Insurance Company Limited v. ... After having gone through the award of the Claims Tribunal and the judgment and order passed by ....
Middle High School Vs. HDFC ERGO General Insurance Co. ... Middle High School's case [cited supra] that the view taken by the Full Bench of this Court in Augustine's case [cited supra] cannot be held to be valid and it was disapproved to the extent holding that the insurer was liable, even if there was breach of conditions of the policy. ... On challenging the Award, a Division Bench of the High Court of Andhra Pradesh held that the insurer was liable to indemnify the....
Middle High School vs. HDFC ERGO General Ins. Co. Ltd. and others , 2018 ACJ 2108 (ix) ICICI Lombard General Insurance Co. Ltd. vs. Smt.
MIDDLE HIGH SCHOOL Petitioner(s) VERSUS HDFC ERGO GENERAL INSURANCE CO. LTD. & ORS. ... The High Court had relied upon decisions of this Court in National Insurance Company Limited v. ... The High court rightly held that once there is breach of condition of policy, the liability cannot be fastened on the RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 314....
Middle High School Vs. HDFC ERGO General Insurance Co. Ltd & Ors, passed in S.L.P (C) No. 31406/2017 wherein the Hon’ble Court referred to the case laws rendered in the case of National Insurance Company Ltd vs. ... We may also state that without the knowledge of the insured, if by driver’s acts or omission others meddle with the vehicle and cause an accident, the insurer would be liable to indemnify the insured. ... The High court rightly held that once there is breach of condition o....
Middle High School vs. HDFC Ergo General Insurance Co. ... Middle 1 IN THE HIGH ... The counsel referring this judgment would submit that the High Court has rightly held that once there is a p style="position:absolute
support, the learned counsel relied upon the decision of the Hon'ble Supreme Court in M.S.Middle ... HDFC Ergo General Insurance Co. ... Section, High Court, Madras. ... IN THE HIGH COURT OF JUDICATURE AT MADRAS
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